terms_and_condition - Kennore Pets

1. Definitions
  - The Company: shall mean Kennores Pets
  - The Buyer: shall mean the person or company buying the goods
  - The Goods: shall mean the goods or products to be supplied to the buyer from the company under the contract between them
2. English Law: Every contract to which these conditions apply shall be construed in accordance with and governed in all respects by the laws of England and the Company and the buyer submit irrevocably to the jurisdiction of the English Courts.
1. Contract: The contract is entered into when we accept your order by order e-mail confirmation, proforma invoice or payment request and is subject to the company’s terms and conditions. Any queries the company has with the buyer will be notified ASAP of order placement.
2. Delivery Date: Notwithstanding any specific date mentioned for delivery of the goods, time shall not be deemed to be of the essence of the contract in relation thereto.
3. Availability of Goods: Any quotation given by the Company shall not constitute an offer for sale or a representation that those goods are all available for sale. In the event that any goods are not sent on the 1st delivery they will either remain on back order or be cancelled.
4. Price and Payment
  - All price quotations are calculated from costs applicable at the date of any such quotations. If there is any increase in such costs or typographical pricing error between the date of quotation and dispatch of an order the company will not send the order until the buyer has confirmed acceptance of the new or correct price or has cancelled the order.
  - The company will invoice all orders in £ Great British Pounds Sterling.
  - The company only accepts payment in £ Great British Pounds Sterling.
  - The company reserves the right to change its prices without prior notification.
  - VAT is added to products (and carriage where applicable) at check out.
  - Our terms of sale require proforma payment and can be made at check out by bank transfer unless otherwise agreed in writing. We do not accept cheques of any kind.
  - The buyer shall not be entitled to withhold payment of any amount payable under the contract to the Company because of any disputed claims of the buyer in respect of faulty goods or any other alleged breach of the contract, nor shall the buyer be entitled to set-off against any amount payable under the contract to the Company, any monies which are not then presently payable by the Company or for which the Company disputes liability.
  - Special offers and sales are only applicable while stocks last. If we oversell special offer, sale or discount code stock we will offer you the product at full price or offer an immediate refund.
  - Refunds will be made via original method of payment. When this is not possible, the Company will agree with the buyer an alternate method of refund.
5. Shortages and Returns:Any shortages in delivery must be notified in writing within three days of receipt of goods with full details. Notification of non-delivery or incorrect items received must be made within three days of dispatch (date of dispatch quoted on invoice/dispatch email).
6. Cancellations and Returns:Customers who wish to cancel their order must contact the Company in writing. Any orders cancelled will be charged at 15% of the total value of the order. No cancellations will be accepted unless authorized by the company in writing. Customers who return deliveries without prior consent from the company will be charged a minimum 15% re-stocking fee if prcocessed. We do not accept returns unless goods have a fault. No returns will be accepted without authorization from Kennores Trading Ltd.
7. Risk and Property:
  - The risk of damage or loss of the goods shall pass to the buyer at the time of delivery, or if the buyer wrongfully fails to take the delivery of the goods or fails to provide adequate means of access for the delivery of the goods at the time when the company has tendered delivery of the goods or attempted to deliver the same.
  - Notwithstanding delivery and the passing of risk in the goods, or any other provision in these conditions, the property in the goods shall not pass to the buyer until the Company has received in cash or cleared funds payment in full of the price of the goods and all other sums due from the buyer to the company.
  - Until such time as the property in the goods passes to the buyer, the buyer shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the Company’s property.
  - Until such time as the property in the goods passes to the buyer the Company shall be entitled at any time to require the buyer to deliver up the goods to the Company and, if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods.
  - The buyer shall not be entitled to pledge or any way charge by way of security, for any indebtedness of any of the goods which remain the property of the Company, but if the buyer does so all monies owing by the buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
8. Force Majeure: The company shall not be held liable to the buyer for any loss resulting from failure to deliver the goods, or for any delay in delivering the goods, where such failure is wholly or mainly due to any cause outside the Company’s reasonable control, including but not limited to shortages of material, strikes and lockouts, riots and civil commotion, severe weather conditions or other natural causes.
9. Termination/Cancelation of Order in Part of in Full :The Company shall be entitled, without prejudice to any claim or right the Company might otherwise have, to cancel the contract in whole or in part or to suspend deliveries there under if the buyer is in breach of any of the contract or becomes insolvent, or being a body corporate has a receiver or administrator appointed, or passes a resolution for winding up, or a court makes an order that effect, or being individual or partnership makes any composition or arrangement with his or their creditors, or has a receiving order made against him or them. We reserve the right to refuse all or part of any order at the company’s discretion, subject to availability of products and price ruling at time of dispatch. If products listed on the site are over sold at the time of ordering due to high volume of sales we will dispatch goods on a first order basis and refund customers accordingly if their order could not be fulfilled at time of dispatch or advise if/when replacement stock will take longer than approximately 7 working days to arrive. If goods have been discontinued we will inform the customer accordingly and issue a refund. Defects and Warranties
  - Customers are required to check stock on arrival for any faults or defects and notification of any faults or defects need to be confirmed in writing within three days of receipt of goods. Any damage to goods in transit must be advised in writing within 24 hours of goods arriving to ensure we can notify the transportation company within their time frame. If the Company is not notified in writing of any defect within 3 days of delivery, the buyer shall be deemed to have examined and accepted the goods in good condition and free from any defects and supplied in accordance with all the specifications of the order.
  - No return of the company’s goods will be accepted unless they have a genuine fault.
  - The Company’s liability for consequential loss shall not exceed the invoice value of the defective goods.
  - Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer, (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest permitted by law.
  - When an item has been authorised by us for collection by a courier it must be packaged in a sealed box ready for collection and labels will be provided by the courier. Also note that any collection that fails due to the recipient not being home or the product being packaged insufficiently will result in the customer incurring recollection charges of £6.50 per box.
10. Delivery, Refusal of Delivery and Non Delivery: Goods should arrive within 24hrs of the company’s e-mail notification of goods leaving the company’s warehouse (please note: we do not deliver on the Weekend). If the buyer refuses to accept delivery or is not at the delivery address to accept delivery of the goods, the return carriage and/or storage of the goods will be at the expense and risk of the buyer without prejudice to any other rights of the Company under these conditions or otherwise. The customer will be required to pay for any re-delivery charges or if agreed with the company a 15% re-stocking fee.
11. Product Representation: We have made every effort to display the products as accurately as possible; however, customers should be aware that the pictures are a representation of the product and there may be small differences to the actual product, for example as the colours you will see will depend upon your monitor we cannot guarantee the colour will be accurate. We also aim to describe the product as accurately as possible, and should a product be misrepresented or the products should change we will endeavour to change the description as soon as possible. We do recommend customers rely on the manufacturer’s guideline or websites for descriptions. Although we allow retailers the function to copy the images from our website, we advise accordingly that any re-use may require permission from the manufacturer directly. Customers should be aware that the sizes of products are an approximate guideline and subject to slight differences by the manufacturer, however this should not affect the usage of the item.
12. User Generated Content:
  - In these terms and conditions, “your user content” means material (including without limitation – text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose (e.g. claims).
  - Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
  - You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  - We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
  - Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
13. Website Use:
  - You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  - You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  - You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
  - You must not use our website to transmit or send unsolicited commercial communications
  - You must not use our website for any purposes related to marketing without our express written consent
14. Data Protection: Where you provide us with your personal information in any of the ways described in our Privacy Noticeyou agree that we may collect, store and use it: (a) in order to perform our contractual obligations to you; (b) maintain our legal compliance; (c) based on our legitimate interests for processing; or (c) based on your consent, which you may withdraw at any time.
15. Anti-Bribery and Corruption: Each party will and ensure that persons associated with them comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption. They will not engage in any conduct which would constitute an offence under any of the Relevant Requirements. That they not do, or omit to do, any act that may lead the other party to be in breach of any Relevant Requirements and promptly report to the other party any request or demand for any undue financial or other advantage received by it in connection with this agreement. The buyer will maintain in place during the term of this agreement its own policies and procedures to ensure compliance with the Relevant Requirements and will enforce them where appropriate.
16. Technical Support: During the course of trading, in the unlikely event of needing technical support in using the website we may provide this by telephone, email, web-chat or remote assistance (where we will access your account and data online). You grant us the right to access your account to provide such support. If we do not have this access we may not be able to provide you with support.
17. Limitations of Liability: Nothing in these terms and conditions will exclude or limit our liability for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
  - To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
  - The Company will not be liable for any consequential, indirect or special loss or damage
  - The Company will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information
  - The Company will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
18. Variation: We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version. When placing each order you will be asked whether you agree to our terms and conditions, and by ticking yes and proceeding to checkout, you have agreed to conform to them.
19. Entire Agreement: These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

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